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(영문) 인천지방법원 2020.08.12 2020고정919
개발제한구역의지정및관리에관한특별조치법위반
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a person who operates a secondhand shop in the land of Jung-gu, Incheon Metropolitan City, which is a development restriction zone.

No one shall construct a building, change the use of a building, install a structure, change the form and quality of land, etc. in a development restriction zone without permission from the head of a Si/Gun/Gu, and implement a corrective order issued by the head of a Si/Gun/Gu

Nevertheless, without permission from the head of Nam-gu Incheon Metropolitan City, the Defendant changed the form and quality of land by putting a concrete package on the area of 65 square meters in the land in the Nam-gu Incheon Metropolitan City, which is a development restriction zone, from October to December 2, 2015.

In addition, the Defendant did not comply with the corrective order even though he/she received the corrective order from the South Dong-dong head of the Republic of Korea to restore the original state by October 18, 2019 due to such a violation on September 19, 2019.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to each criminal investigation report (Attachment to data for confirmation of service of corrective order, telephone communications of the suspect);

1. Article 32 subparag. 1 of the Act on Special Measures for Designation and Management of Areas of Restricted Development and Article 32 (1) of the Act on Special Measures for Designation and Management of Areas of Restricted Development and Articles 12 (1) (unauthorized Alteration of Form and Quality of Land), Articles 32 subparag. 2 and 30 (1) of the Act on Special Measures for Designation and Management of Areas of Restricted Development and the

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The Defendant, on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act, did not obtain permission from the competent authority, changed the form and quality of the land without permission, such as packaging concrete packages in order to install a key area within a development-restricted zone, and refused to comply with the competent authority’s corrective order.

Although the Defendant recognized the instant crime and did not repeat it in the future.

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